Gender Based Conduct Policy & Procedures

Scope

The Gender Based Conduct Policy and Procedures are adopted to address reports made by students of sexual assault and harassment based upon gender, gender identity, and gender orientation.

Authority

Title IX of the Educational Amendment Act of 1972 (“Title IX”); Violence Against Women Reauthorization Act (VAWA); Board of Trustees Policy 1.1.96, Delegation of Authority to the President of the University; United States Department of Education Q&A on Campus Sexual Misconduct dated September 2017, Office for Civil Rights Dear Colleague Letter dated January 25, 2006 and Revised Sexual Harassment Guidance (66 Fed. Reg. 5512, January 19, 2001); and New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 et seq.

Individuals Responsible for Implementation

  • Vice President for Human Resources
  • Vice President for Student Development and Campus Life
  • Dean of Students, Division for Student Development and Campus Life
  • Title IX Coordinator, Division for Human Resources
  • Deputy Title IX Coordinator, Division for Student Development and Campus Life
  • Director of Student Conduct, Division for Student Development and Campus Life

Effective Date

September 1, 2018

The Gender Based Conduct Policy and Procedures consolidate, amend and replace the Sexual Harassment Complaint Procedures Involving Students and Sexual Harassment/Sexual Assault Complaint Procedures Involving Students that were adopted September 24, 1998 and amended September 2015.


Contents

I. Introduction

A. Definitions

  • Consent
  • Dating Violence
  • Domestic Violence
  • Gender Harassment
    • Quid Pro Quo Harassment
    • Hostile Environment Harassment
  • Sexual Assault
  • Sexual Battery
  • Sexual Coercion
  • Stalking
  • Sexual Exploitation
  • Result

II. Confidentiality

III. Interim Measures

IV. How to File a Complaint

A. Who to Contact
B. Representation during the Title IX Investigation
C. What to Report
D. Informal Resolution Process for Allegations other than Sexual Assault
E. Formal Complaint Process
  1. Complaints against Employee or Contractor
  2. Complaints against Students
F. Appeal Process
  1. Appeals Involving an Employee or Contractor
  2. Appeals Involving Students
G. Record Retention
I. Retaliation

V. External Complaint Process

VI. Other Resources
A. Confidential
B. Non-Confidential


I. Introduction

Sexual assault and harassment based upon gender, gender identity, and gender orientation is a violation of Federal and State laws, and the University's Statement on Equal Opportunity, Affirmative Action, Sexual Harassment and Tolerance. The University’s Gender Based Conduct Policy and Procedures are adopted to comply with these laws. Montclair State University is committed to the principles of academic and professional excellence and a positive learning and working environment for its students. The civil and respectful treatment of one another is a foundation of this principle, and Gender Based harassment and sexual assault will not be tolerated by the University.

The University strives to eliminate harassment through education and encouraging students to report concerns or complaints. Prompt corrective measures will be taken to stop gender harassment and protect a student who has complained of sexual assault whenever it occurs. Students and employees who violate this policy are subject to disciplinary measures, up to and including dismissal from the University or termination of employment.  Any student who complains of gender based harassment or sexual assault should follow the reporting procedures in this Policy. Complaints should be filed as soon as possible after the alleged incident because late reporting may impede the University's investigation. 

Print copies of the Gender Based Conduct Policy and Procedures are available in the Office of the Dean of Students, Division for Human Resources, Sprague Library, Office for Social Justice and Diversity, Counseling and Psychological Services, University Police Department, University Health Center and the University’s website at: https://www.montclair.edu/sexual-harassment

All acts of sexual assault are a form of discrimination prohibited by Title IX and VAWA. Sexual assault is also a criminal act. Therefore, a student has a right to file a criminal complaint and a complaint with the University, simultaneously.

A. Definitions

Consent
Consent is defined as informed, voluntary and mutual, and may be withdrawn at any time.  Consent is not obtained with express or implied force, coercion, intimidation, threat, or duress.  Consent to a sexual act must be expressed, and be fully informed and a freely decided choice to participate in sexual contact or intercourse. Consent cannot be assumed or implied by silence or the absence of physical or verbal resistance.  Consent is an affirmative, unambiguous and conscious decision.  Consent to one type of sex act does not imply consent to other forms and must be ongoing throughout a sexual encounter.  Past consent to sexual activity does not imply ongoing future consent with a person or consent to the same activity with another person.  If a person is mentally or physically incapacitated or impaired so that a person cannot understand the fact, nature or extent of the sexual situation, there is no consent.  This includes incapacitation by use of alcohol and/or drug consumption, or being asleep or unconscious.

Consensual romantic and sexual relationships between students and employees are strongly discouraged because these relationships may appear exploitative even if the parties view their relationship as consensual. Because of the inherent conflict of interest, no employee involved in a relationship with a student shall have responsibility for evaluating the student's academic or employment performance, or for making decisions regarding the student's rights or benefits.

Dating Violence
Dating Violence is defined as sexual or other physical assault committed by a person who is or has been in a relationship of a romantic or intimate nature with the complainant.  The existence of such a relationship shall be determined based on a consideration of the following three factors: (1) the length of the relationship; (2) the type of relationship; and (3) the frequency of interaction between the persons involved in the relationship. 

Domestic Violence
Domestic Violence is defined as a pattern of abusive behavior in any relationship that is used by one person to gain or maintain power and control over another person.  Domestic violence can be physical, sexual, emotional, economic, or psychological actions or threats of actions that influence another person.  This may include, but is not limited to any behaviors that intimidate, manipulate, harass, assault, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound another.  Domestic violence also includes violent misdemeanor and felony offenses committed by the complainant’s current or former spouse, current or former cohabitant, person similarly situated or protected under domestic or family violence law (e.g. current or former spouse or intimate partner, or a person with whom someone shares a child or any other person who is a present or former household member.)

Gender Harassment
Gender Harassment is defined to mean unwelcome conduct, whether between people of different genders or the same gender, or unwelcome conduct of a non-sexual nature based upon a student’s actual or perceived gender, including conduct based on gender identity or expression, and non-conformity with gender stereotypes, that substantially interferes with work, educational performance or equal access to the University’s resources and opportunities.  

Gender Harassment includes quid pro quo harassment and hostile environment harassment. 

  • Quid Pro Quo Harassment is unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constituting submission or rejection if such conduct is made a condition of academic evaluation or the conferral of any benefit. It involves an implicit or explicit threat that if the student does not accede to the sexual demands of someone in authority he or she will suffer adverse consequences.
  • Hostile Environment Harassment is unwelcome conduct that would not have occurred but for the student's gender, that is severe or pervasive enough to make a reasonable person believe that the conditions of the student's education are altered and the academic environment is hostile or abusive. The complained-of conduct need not be sexual in nature to constitute hostile environment sexual harassment. Hostile environment harassment can occur when anyone in the campus community harasses another person. An individual's intent or lack of intent to harass is not relevant to the determination of whether harassment occurred. To make the ultimate determination of whether a hostile environment harassment exists, the University considers a variety of factors related to the severity, persistence, or pervasiveness of the sexual harassment, including (1) the type, frequency, and duration of the conduct; (2) the identity and relationships of persons involved; (3) the number of individuals involved; (4) the location of the conduct and the context in which it occurred; and (5) the degree to which the conduct affected one or more student’s education.  The more severe the sexual harassment, the less need there is to show a repetitive series of incidents to find a hostile environment.  Indeed, a single instance of sexual assault may be sufficient to create a hostile environment.  Likewise, a series of incidents may be sufficient even if the sexual harassment is not particularly severe.  

Sexual Assault
Sexual Assault is defined as actual or attempted sexual contact with another person without that person’s consent, or when a person is incapable of giving consent.   Additional acts that fall under sexual assault include, but are not limited to sex without consent and sexual battery.

Sexual Battery
Sexual battery is defined as coercing, forcing or attempting to coerce or force a person to touch another person’s intimate sexual organs or penetration of the vagina, anus, or mouth of a person by any body part of another person, or by an object without the other person’s Consent. Sexual Battery may occur whether the complainant is clothed or not.

Sexual Coercion
Sexual coercion is defined as using verbal or physical pressure, alcohol or drugs to have sexual contact with someone against his or her will, and persistent attempts to have sexual contact with someone who has refused sexual contact.   

Stalking
Stalking is defined as repeatedly maintaining a visual or physical proximity to a person, directly, indirectly, or through third parties, by any action, method, device, or means; following, monitoring, observing, surveilling, threatening, or communicating to or about a person; or interfering with a person’s property; repeatedly committing harassment against a person; or repeatedly conveying or causing to be conveyed verbal or written threats conveyed by any other means of communication; or threats implied by conduct or a combination thereof, directed at or toward a person; or such other course of conduct directed to a specific person what would cause a reasonable person to fear for her/his or other’s safety, or to suffer substantial emotional distress.

Sexual Exploitation
The act of photographing, filming, videotaping, recording or otherwise reproducing in any manner, or disclosing the image of, a person whose intimate parts are exposed or who is engaged in an act of sexual penetration or sexual contact, without such person’s consent, and under circumstances in which a reasonable person would not expect to be observed.

Proceeding
A proceeding is the due process and appeal rights provided to a complainant and respondene pursuant to this Policy.

Result
The University’s final outcome and determination after the Proceeding.


II. Confidentiality

The University encourages all complainants to report incidents of Gender Harassment and Sexual Assault and to seek help from the resources identified in this Policy.

Individuals employed by the University as a physician, psychologist, nurse practitioner, or assigned to work within the University Health Center, Office for Social Justice and Diversity, Women’s Center, or Center for Psychological Services, or acting as professional religious leaders and clergy (collectively “Confidential Employees”) are required to hold in confidence reports of conduct that may be Gender Harassment and Sexual Assault. Students who wish to keep such an incident confidential, should seek guidance from the Office for Social Justice and Diversity, Women’s Center, the University Health Center, and the Center for Psychological Services or other Confidential Employees. Confidential Employees will refer such matters to the Deputy Title IX Coordinator or Title IX Coordinator, as appropriate, only if authorized by the complainant. In cases of Gender Harassment, the student may be offered the informal resolution process in this Policy as an alternative to the formal complaint process. Sexual Assault may only be addressed through a formal complaint.

All employees who are not Confidential Employees and have received a report of Dating Violence, Domestic Assault, Gender Harassment, Sexual Assault, Sexual Battery, Sexual Coercion, Stalking or Sexual Exploitation, must report it to the Title IX Coordinator or Deputy Title IX Coordinator, as appropriate, who will determine what steps need to be taken.  When a matter is reported by an employee other than a Confidential Employee and the student requests confidentiality, the Title IX Coordinator or Deputy Title IX Coordinator will consider whether the request for confidentiality can be honored while still providing a safe environment for all students. Such requests for confidentiality will be weighed against the overall safety of students, and confidentiality will be maintained to the extent possible to protect the privacy interests of those involved. 


III. Interim Measures

The Title IX Coordinator or Deputy Title IX Coordinator will inform the complainant and respondent of available Interim Measures and will coordinate Interim Measures for both as appropriate. Interim measures will be offered during the investigation of a complaint, during a Proceeding and after the Result. Interim measures shall be designed to avoid depriving both the complainant and respondent students of their education and may include, but not be limited to, a change in class assignments, living arrangements, dining, transportation, etc. Interim Measures may also include the provision of resources to the students including, but not limited to counseling, advocacy, academic support, physical health and mental health services.  

Confidential Employees who receive a report of Sexual Assault will discuss with the complainant the available process for reporting it and request Interim Measures on the student’s behalf without reporting the nature of the Sexual Assault.  Confidential Employees will work with the student to determine what information he/she is willing to share with other employees involved in securing Interim Measures. Confidential Employees will also explain to the student how sharing certain information with other employees may trigger the obligation to investigate. 


IV. How to File a Complaint

It is a violation of these procedures for anyone to make false accusations of Gender Harassment or Sexual Assault. Failure to prove a claim of Gender Harassment or Sexual Assault, however, is not equivalent to making a false accusation. Sanctions may be imposed for intentionally making groundless or malicious accusations of Gender Harassment or Sexual Assault.

A. Who to Contact
The Title IX Coordinator is responsible for investigating student complaints involving employees and contractors. The Title IX Coordinator’s Office is located in The Overlook Corporate Center, 150 Clove Road, 3rd Floor, Little Falls, NJ 07424 within the Division of Human Resources and can be reached at 973/655-5293, or by email sent to Associate Vice President for Compliance and Labor Relations, Junea Williams-Edmund at williamsedmj@montclair.edu.

The Deputy Title IX Coordinator is responsible for investigating student complaints involving other students.  The Deputy Title IX Coordinator’s office is located in the Student Center, Suite 400, and can be reached at 973/655-4118, or by email sent to Associate Dean of Students Yolanda Alvarez at alvarezyo@montclair.edu.  

B. Representation during the Title IX Investigation

1. Student Advisors
Students have the right to be accompanied by an advisor during the investigation and Proceeding. The advisor may be any individual of the student’s choice, including, a lawyer, a family member, University faculty or other employee.  An advisor participating in the investigation, hearing and appeal is limited in the same manner as described in the Student Code of Conduct.  Specifically, advisors may not speak on behalf of the student charged, or appear in lieu of the student, but may advise students to answer or not answer a question.  Advisors may assist a student during the investigation, preparing responses to the investigator and its report, responding to charges filed under the Student Code of Conduct, and with any appeal. A student who wishes to have an advisor present at a hearing must inform the Director of Student Conduct, or his/her designee, in writing, by fax or by electronic mail, at least two business days prior to a hearing. It is the responsibility of the student to make sure the Advisor is present, and the unavailability of the Advisor will not be sufficient grounds for postponing the investigation, decision, or conduct process under this Policy. Any further participation in the investation is at the discretion of the Deputy Title IX Coordinator. Any further participation in the student conduct process is at the discretion of the Director of Student Conduct.

2. Employee Advisors
Employees have the right to be accompanied by an advisor of their choice during the investigation and Proceeding. An advisor may be any individual of the employee’s choice, including, a lawyer, a family member, University faculty or other employee, or a representative of a union in which the employee is a member. If the advisor is a union representative, the advisor’s participation in the Proceeding shall be limited in accordance with the employee’s applicable collective bargaining agreement.  If the employee is not a member of a union, the advisor’s role shall be permitted in the same manner as the advisor for a student.  Any further participation is at the discretion of the Title IX Coordinator.

C. What to Report
Sexual acts without Consent, Dating Violence, Domestic Violence, Gender Harassment, Sexual Assault, Sexual Battery, Sexual Coercion and Stalking suffered by a student, whether occurring on or off campus, may be reported pursuant to this Policy and Procedures. If the respondent is not a student, employee, or contractor or otherwise affiliated with the University, the student will be offered Interim Measures and all other resources available under this Policy; but the investigation may be conducted by the legal authorities who have jurisdiction over the respondent. 

D. Informal Resolution Process
For matters other than Sexual Assault, the University offers an informal resolution process to students as an alternative to filing a formal complaint which will require an investigation and adjudication proceeding. Informal resolution may include the services of the Campus Mediation Center. Informal resolution requires the voluntary agreement of both parties and focuses on settlement rather than a finding of culpability. The University will not pursue disciplinary action against a student during the informal resolution process. If attempts to resolve the matter during informal resolution are unsuccessful, or if the student or Deputy Title IX Coordinator believe informal resolution is no longer appropriate, the formal complaint process described below can be utilized at any time. Informal resolution is not a prerequisite to the filing of a formal complaint.

  1. The Deputy Title IX Coordinator or Title IX Coordinator, as appropriate, may meet with the parties and their respective advisers separately, together, or both. The purpose of the meeting is to fully disclose the allegations, advise both parties of the options available for resolution, obtain both parties’ written consent for informal resolution, clarify issues and attempt to resolve the issues in dispute.
  2. If the complaint is resolved, an agreement stipulating the terms of the resolution will be prepared and signed by all parties. Each party will be given a copy of the signed agreement. A copy of the agreement will be retained by the University in accordance with applicable laws and its record retention policies.
  3. If the informal resolution process is not successful, the student may file a formal complaint.

E. Formal Complaint Process

1.  Complaints filed by a Student against Employee or Contractor

  1. If a student wishes to file a formal complaint against an employee or contractor under this Policy, the student should contact the Title IX Coordinator and specify in writing the nature of the complaint, dates of particular events, names and contact information for witnesses, the name of the individual who has violated this Policy, the remedy requested, and any other relevant information.  
  2. When a Complaint is filed against an employee or contractor, it will be investigated by the Title IX Coordinator or designee.
  3. Complaints will be acknowledged, and promptly investigated which will include interviews with the student complainant, the respondent, and other persons believed to have knowledge relevant to the allegations. Confidentiality of the investigation will be maintained to the extent possible.
  4. The Title IX Coordinator will provide written notice to the respondent of the detailed allegations made by the complainant within a sufficient time prior to conducting his/her interview.  At a minimum, the respondent will be provided the names of the parties involved, the date and location of the alleged incident(s), and the conduct allegedly constituting a violation of this Policy.
  5. The complainant and respondent will be provided advance notice of the date of an interview or hearing that is sufficient to permit their meaningful participation.  The complainant, respondent and investigator will be provided timely and equal access to any information that will be used during interviews and hearings.
  6. A determination will be made in response to the complaint based upon the preponderance of evidence (more likely than not) standard. 
  7. The investigation should be completed within 60 calendar days from the time the complaint is filed, but may be extended if warranted based upon the particular circumstances. Both parties will be notified of any extensions. 
  8. Upon the conclusion of the investigation, a written report will be prepared. The report will summarize the relevant exculpatory and inculpatory evidence, and findings of credibility will be noted.  Prior to a decision of responsibility, the complainant and respondent shall be provided a copy of the report. Exhibits to the report shall be made available for inspection by the complainant and respondent.  The complainant and respondent may respond in writing to the report within 5 business days.  The names and other identifying information of individuals in the report will be redacted in accordance with the Family Educational Rights and Privacy Act (“FERPA”), or as appropriate to protect the safety of the complainant and respondent, or to prevent retaliation, unless doing so would interfere with the purposes of applicable law to prevent gender based discrimination.  The respondent and complainant must keep the report confidential and not share it with anyone other than their advisor who shall also keep the report confidential, and a failure to do so may subject them to disciplinary action.
  9. The Title IX Coordinator will forward the report summarizing its investigation of allegations against an employee, and the written responses made by the complainant and respondent to the report, to the President or designee with a recommendation concerning the violation of this Policy.  The President or designee will review the report and issue a final determination of the Result to the complainant and respondent. The final decision of the President or designee may include remedial measures to prevent recurrence and remedy any effects caused by the employee’s conduct. Sanctions for employees may range from referral for training, referral for counseling, oral reprimand, referral for disciplinary action such as suspension, reassignment, demotion, or termination of employment, subject to applicable laws and collective bargaining agreements, and/or referral for criminal prosecution.
  10. All disciplinary action taken against students and employees will be in compliance with relevant law and regulations.
  11. Both the complainant and the respondent shall be simultaneously informed, in writing, of the Result, the rationale for the Result, sanctions imposed, the University’s procedures for both parties to appeal the Result, and when the Result becomes final.

2.  Complaints filed by a Student against a Student

  1. If a student wishes to file a formal complaint against a student under this Policy, the student should contact the Deputy Title IX Coordinator and specify in writing the nature of the complaint, dates of particular events, names and contact information for witnesses, the name of the individual who has violated this Policy, the remedy requested, and any other relevant information. 
  2. When a complaint is filed against a student, it will be investigated by the Deputy Title IX Coordinator or designee. 
  3. Complaints will be acknowledged, and promptly investigated which will include interviews with the student complainant, the respondent, and other persons believed to have knowledge relevant to the allegations. Confidentiality of the investigation will be maintained to the extent possible.
  4. The Deputy Title IX Coordinator will provide written notice to the respondent of the detailed allegations made by the complainant within a sufficient time prior to conducting his/her interview.  At a minimum, the respondent will be provided the names of the parties involved, the date and location of the alleged incident(s), and the conduct allegedly constituting a violation of this Policy and the Student Code of Conduct.
  5. The complainant and respondent will be provided advance notice of the date of an interview or hearing that is sufficient to permit their meaningful participation.  The complainant, respondent and investigator will be provided timely and equal access to any information that will be used during interviews and hearings.
  6. A determination will be made in response to the complaint based upon the preponderance of evidence (more likely than not) standard. 
  7. The investigation should be completed within 60 calendar days from the time the complaint is filed, but may be extended if warranted based upon the particular circumstances. Both parties will be notified of any extensions. 
  8. Upon the conclusion of the investigation, a written report will be prepared. The report will summarize the relevant exculpatory and inculpatory evidence, and findings of credibility will be noted.  Prior to a decision of responsibility, the complainant and respondent shall be provided a copy of the report. Exhibits to the report shall be made available for inspection by the complainant and respondent.  The complainant and respondent may respond in writing to the report within 3 business days.  The names and other identifying information of individuals in the report will be redacted in accordance with the Family Educational Rights and Privacy Act (“FERPA”), or as appropriate to protect the safety of the complainant and respondent, or to prevent retaliation, unless doing so would interfere with the purposes of applicable law to prevent gender based discrimination.  The respondent and complainant must keep the report confidential and not share it with anyone other than their advisor who shall also keep the report confidential, and a failure to do so may subject them to disciplinary action.
  9. The Deputy Title IX Coordinator will forward the report summarizing its investigation of allegations made against a student, and the written responses made by the complainant and respondent to the report, to the Director of Student Conduct.  The Director of Student Conduct will determine if a violation of this Policy and/or Student Code of Conduct has been demonstrated under the preponderance of evidence standard, taking into consideration the written responses made by the complaint and respondent to the report.  The complainant and respondent will be notified of the Director of Student Conduct’s decision who may file charges against the student pursuant to the University’s Student Code of Conduct. The student may defend the charges in accordance with the Panel Hearing process defined in the Student Code of Conduct. Sanctions for students may range from a warning to expulsion and referral to the appropriate authorities for criminal prosecution.
  10. All disciplinary action taken against students and employees will be in compliance with relevant law and regulations.
  11. Both the complainant and the respondent shall be simultaneously informed, in writing, of the Result, the rationale for the Result, sanctions imposed, the University’s procedures for both parties to appeal the Result, and when the Result becomes final.

F. Appeal Process

1. Appeals Involving a Complaint by a Student against an Employee or Contractor

  1. Following the imposition of Interim Measures, an appeal may be filed by a student to the Vice President for Student Development and Campus Life, or by the respondent employee to the Vice President for Human Resources in accordance with University policy and any applicable collective bargaining agreement.
  2. Following the Result, both complainant student and respondent employee have the right to appeal the University's decision. Appeals must be submitted in writing to the University's President for reconsideration within 5 business days.  If the request for reconsideration is affirmed by the President, the Result may be further appealed to the University’s Board of Trustees within 60 calendar days after the President’s decision and in accordance with the Rules Governing Appeals to the Montclair State University Board of Trustees.
  3. The University's Board of Trustees may: a) affirm the original decision, sanction and corresponding stipulations; 2) affirm the original decision but modify the original sanction or stipulations; or 3) reverse or modify the decision, which may include dismissal of the charges.
  4. The Board of Trustee’s decision is a final action by the University.

2. Appeals Involving Only Students

  1. Interim Measures may be appealed in writing by a student complainant or respondent to the Vice President for Student Development and Campus Life within three (3) business days of the decision.
  2. The decision of the Director of Student Conduct may be appealed in writing by a student complainant or respondent to the Vice President for Student Development and Campus Life within three (3) business days of the decision.
  3. If the Result was imposed by a Student Conduct Hearing Panel, an appeal may be filed by the complainant or respondent student within 3 business days after the Result with the Vice President for Student Development and Campus Life or designee. If the Vice President for Student Development and Campus Life or designee determines the appeal has merit, the Vice President/designee will convene an appellate board to review it.  The appellate board will be comprised of one (1) student, (1) faculty/staff and (1) administrator not associated with the hearing. The appeal shall explain the basis of new information not considered at the hearing, if any, or will be otherwise be limited to a review of the verbatim record and evidentiary documents presented to the Student Conduct Hearing Panel.
  4. Review of an appeal will be limited to consideration of the following:
    (i) Whether there was a procedural error or a lack of adequate due process. Deviations from designated procedures will not be a basis for sustaining an appeal unless significant prejudice results;
    (ii) Whether the sanction(s) imposed were appropriate or substantially disproportionate to the findings;
    (iii) To consider new information, sufficient to alter the Result, or other relevant facts not brought out in the original hearing, because such information and/or facts were not known or available to the person appealing at the time of the Proceeding;
  5. The appeal may be resolved in the following manner:
    (i) affirm the Result and the sanctions and corresponding stipulations;
    (ii) affirm the Result and modify the sanction; or
    (iii) reverse the Result and determine a new outcome, which may include the dismissal of charges.

3. The decision of the appeal is a final action of the University.

G. Record Retention
Records related to a complaint filed against a University employee or contractor, the investigation, Proceeding and the Result shall be retained within the Division of Human Resources. Records related to a complaint filed against a student, the investigation, Proceeding and the Result shall be retained in the Office of the Dean of Students. Such records may not be destroyed until after the record retention periods required by applicable law have expired.

I. Retaliation
Retaliation against any person who files a complaint under the Policy, or who provides information in the course of an investigation, or who opposes a discriminatory practice, is prohibited by the University and Federal and State laws.  No person bringing a complaint, providing information for an investigation, or testifying in any proceeding under this Policy shall be subjected to adverse consequences in their employment or access to University academic programs or be the subject of other retaliation.  Any employee or student who is engages in such retaliation shall be subject to discipline by the University.


V. External Complaint Process

In addition to following the University's internal procedures, a student has the right to file a complaint with federal and state agencies that investigate discrimination charges. An external complaint must be filed directly with the agency. The agencies should be consulted concerning time deadlines for filing.For Title IX violations:

For violations of the New Jersey Law against Discrimination:


VI. Other Resources

If needed, the following support services are available to students:

A. Confidential Resources

  • The University Health Center, Blanton Hall, Ground Floor, Room 110, 973-655-4361
  • Counseling and Psychological Services, Russ Hall, First Floor, (973) 655-5211
  • Office for Social Justice and Diversity, Student Center, 1st Floor, Room 110, 973-655-7130
  • The Women's Center, Student Center, 1st Floor, Room 110, 973-655-7130
  • Campus Clergy, 895 Valley Road, Montclair, NJ (973) 746-2323

B. Non-Confidential Resources

  • The Office of the Dean of Students, Student Center, Suite 400, 973-655-4118
  • Residence Life, Bohn Hall, 4th Floor or left exterior stairs of Bohn Hall, 973-655-5188
  • Passaic County Women’s Center 24-Hour Hotline, 973-881-1450
  • SAVE of Essex County 24-Hour Hotline, 877-733-2273
  • New Jersey Domestic Violence Hotline, 1-800-572-SAFE (7233)